I am Accused of Criminal Threats – What Should I Do? – California Penal Code Section 422

Making criminal threats is a serious crime in California. If you are facing charges of criminal threats, it is important that you speak with an experienced criminal defense attorney to defend your rights.

California Penal Code Section 422 defines a criminal threat as any person who willfully threatens to commit a crime which will result in death or serious bodily injury to another person. More importantly, these threats can be made verbally or in writing so long as the statements were intended as a threat. The law is so severe that one can be found guilty of making criminal threats even if there was no intent to actually carry out the threat.

Specifically, a criminal threat occurs when the defendant’s statements are specific and unequivocal that it actually causes the victim to reasonably fear for his or her own life or safety. Further, an immediate ability to carry out the threat is not required; therefore, a threat to carry out a future harm will constitute as a criminal threat.

In order to be convicted of criminal threats, the prosecution has the burden to prove that the defendant willfully threatened to kill or cause great bodily injury to the victim or the victim’s immediate family; the defendant made the threat verbally or in writing; the defendant intended that his or her statement be understood as a threat and intended that it be communicated to the victim; the threat was clear, immediate, unconditional, and specific that it communicated to the victim a serious intention and the immediate prospect that the threat would be carried out; the threat actually caused the victim to be in sustained fear for his or her own safety or for the safety of his or her immediate family; and the victim’s fear was reasonable under the circumstances.

There are many defenses to Southern California criminal threats. A threat that was ambiguous or lacks sufficient credibility as being serious is not sufficient to be considered as a criminal threat. In addition, a threat that was only a vague statement without the prospect of execution of the statement made is not sufficient to be considered a criminal threat.

A conviction for making a criminal threat may be punished by imprisonment for up to three years in state prison. A felony conviction may also result in a “strike” on your criminal record. See California Penal Code Section 667. In addition, you may lose your right to vote or own a gun.

For more information, go to www.wklaw.com and read our Criminal Threats section. You will find invaluable information on the charges that you or a loved one may be facing, as well as the possible defenses.

The consequences of being convicted of criminal threats involve a lengthy jail sentence. With so much at stake it is essential that you speak with an experienced criminal defense attorney before taking any action on your case. Wallin & Klarich has over 30 years of experience defending the rights of our clients. Call us at (888) 749-0034 to learn more about your legal rights. We will be there when you call.